Kingsland Neighbourhood Development Plan - Basic Conditions Statement (October 2015)
Section 1 - Introduction
This Basic Condition Statement is prepared to accompany Kingsland Neighbourhood Development Plan.
It is submitted by Kingsland Parish Council, which is the qualifying body under Localism Act 2011. Kingsland Neighbourhood
Development Plan covers the parish of Kingsland only and no other Neighbourhood areas. The Local Plan for the parish is
Herefordshire Core Strategy (HCS) which was adopted on 16th October 2015. Herefordshire Council has also indicated it will
prepare a Travellers Development Plan and a Natural Resources/Minerals and Waste Development Plan. It is expected that, in
combination, these will comprise the Development Plan Documents for the Parish of Kingsland.
This Basic Condition Statement has been prepared to show that Kingsland Neighbourhood Development Plan complies with the
provisions of Schedule 4B of the Town and Country Planning Act 1990, as amended. The basic conditions required by this
provision are that such plans should:
i)

ii)
iii)

Pay appropriate regard to national planning policies and advise as is set out in the National Planning Policy Framework
(NPPF) and, in particular, contribute to the achievement of sustainable development according to the principles set out in
that NPPF;
Be in general conformity with the strategic policies set out in Herefordshire Core Strategy;
Meet relevant European obligations, in particular with regard to the environment and human rights.

The first matter is covered within the schedules in sections 2 and 3 of this document. The second matter is considered within
section 3 in association with the requirements of the NPPF in order to show how the three levels of planning policies are integrated.
The third matter is covered in section 4.

Sustainable development – Core
Planning Principles of the NPPF.
Genuinely plan-led empowering local
people through a positive local vision,
based on co-operation to address larger
issues.

Be creative in finding ways to enhance
and improve places where people live.

Proactively drive and support sustainable
economic development, delivering
homes, business and industrial units,
infrastructure, and thriving local places,
taking account of market signals.
Always seek high quality design and good
standard of amenity.

Take account of different roles and
character of different areas, promoting
vitality, the beauty of the countryside and
supporting thriving rural communities.

Kingsland Neighbourhood Development Plan Provisions
The community within the parish contributed to the preparation of the Neighbourhood Plan at a number
of stages and their views and comments were all given serious consideration. This included a stage
which involved setting a vision for the plan. A positive approach has been taken to accommodating
housing and other forms of development which Herefordshire Core Strategy has determined for its
specified settlements and rural areas. Higher level planning documents do not set out any proposals for
major development within the parish but Kingsland Parish Council is aware, in particular, that it must
contribute towards ensuring the issue of water quality is properly addressed. The extent of community
involvement is set out in greater detail within Kingsland Neighbourhood Development Plan
Consultation Statement.
The Plan shows how it proposes to accommodate the minimum target for new housing; how
development should ensure the character and appearance of its named settlements and their
surrounding rural areas are to be retained and enhanced; the designation of Local Greenspace; how
the effect of road traffic is to be taken into account while promoting sustainable transport; what is
required in terms of infrastructure; and the support for local business and community facilities. These
are important priorities identified by the community.
The Plan provides significant flexibility to support business where this is in scale with and does not
adversely affect the parish’s environment. It also promotes home working and the provision of high
speed broadband to support local economic activity.

Policies place particular emphasis upon ensuring the rural character of the parish is retained as well as
its settlements and Kingsland’s Conservation Area. This includes setting criteria that would promote
high standards of architecture and design.
The Plan differentiates between its rural area and settlements. It also highlights the importance of
Kingsland’s Conservation Area. It provides flexibility to support development, including local community
facilities to support what is a thriving community.

The community recognises the importance of addressing climate change issues and protects new
development from flood risk. It provides for appropriate renewable or low carbon energy generation. In
relation to the latter it sets a criteria based policy, providing environmental safeguards, and in particular
supports community renewables of an appropriate scale

Conserving and enhancing the natural
environment and reducing pollution; using
land of lesser environmental value

These elements are seen as very important, and as having a high priority for the local community.
Appropriate policies are advanced to support those environmental issues included in Herefordshire
Core Strategy or relies upon the Core Strategy where particular professional advice is needed.

Encourage effective use of land by reusing brownfield land where
environmentally acceptable.

Policies and proposals in the Plan do not promote the use of high grade agricultural land. Although
‘brownfield’ options are limited, so are the assessed land needs. Housing development is restricted to
three villages and opportunities exist to accommodate housing needs efficiently upon small parcels of
land. Growth and expansion of local businesses is expected to result from development within the
settlements, the conversion of rural buildings to workshops and appropriate extensions of existing
employment sites where environmentally acceptable.
This will be achieved through supporting the current spatial arrangement which will meet this
sustainable development objective. The spatial arrangement comprises a rural parish with the major
settlement of Kingsland at its heart, providing a range of services and facilities.

Promote mixed use and encourage
multiple benefits from the use of land

Conserving heritage according to
significance and to contribute to quality of
life

A high priority is given to this objective, with policies to cover assets that add to HCS policies by
emphasising the importance to local character and distinctiveness, especially within Kingsland’s
Conservation Area.

Manage pattern of growth to make fullest
use of sustainable transport measures
and focus significant development in
locations that are or can be made
sustainable.
Support local strategies for improving
health, social and cultural well being

The Plan has little opportunity to contribute in any meaningful way to this objective, but does require
appropriate infrastructure to support walking and cycling. The matter has to be addressed at the
strategic level and it is assumed that HCS rural development strategy and policy provides support for
this objective through the levels of development being promoted in rural communities.
So far as the Plan is able to address these issues, which are largely strategic in nature and given the
plan area is sparsely populated, measures are included to support local services and facilities,
including play areas and open space.

Achieving Sustainable Development – Place Shaping Approach
Set out a positive vision for the future
of the area (NPPF para 17, bullet 1).
Neighbourhood plans should develop
a shared vision for their
neighbourhood (NPPF para 183 185)
There should be a presumption in
favour of sustainable development
(NPPF para 11 – 16)

Vision for the County
“Herefordshire will be a place of distinctive environmental,
historical and cultural assets and local communities, with
sustainable development fostering a high quality of life for those
who live, work and visit here. A sustainable future for the county
will be based on the interdependence of the themes of social
progress, economic prosperity and environmental quality with the
aim of increasing the county’s self‐reliance and resilience”.
(Policy SS1 - extract) When considering development proposals
take a positive approach that reflects the presumption in favour of
sustainable development. Always work proactively to find solutions
so that proposals can be approved wherever possible and to
secure development that improves the social, economic and
environmental conditions.
Planning applications that accord with the policies in this Core
Strategy and, Neighbourhood Development Plans will be approved,
unless material considerations indicate otherwise.
Where there are no policies relevant to the application then
permission will be granted unless material considerations indicate
otherwise -taking into account whether:
a) any adverse impacts of granting permission would significantly

Kingsland Neighbourhood Development Plan
(Section 2) sets out a positive vision for the
Parish, supported by a number of objectives
addressing the core planning principles set out
in the NPPF and those sustainability objectives
relevant to the parish’s area. This is a shared
vision following consultation with the
community and which it overwhelmingly
endorsed.
Policy KNDP 1 sets out the high level
sustainable development priorities forming the
basis of the spatial strategy for the Parish,
complementing HCS policy SS1 and ensuring
the plan aligns with the strategic needs and
priorities of the wider local area (NPPF para
184). It covers all the relevant sustainable
development objectives set out in the NPPF
and HCS. It is considered that the provisions in
this policy do not conflict with but contribute
positively to the sustainable development
requirements of the NPPF paras 6-10 and1417, and HCS Policy SS1.
Policy KNDP 2 identifies where development

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and demonstrably outweigh the benefits, when assessed against
national policy taken as a whole; or
b) specific elements of national policy indicate that development
should be restricted.

should normally take place which would
contribute to the character of the Parish and
plan area. The approach is considered to
reflect HCS, in particular its policies RA1 and
RA2.

Achieving Sustainable Development – Economic Role
Building a strong, responsive and competitive economy by ensuring sufficient land of the right type is available in the right places and at the right
time; and by identifying and co-ordinating development requirements including the provision of infrastructure.
Buildings strong Competitive
Economy
Set out a clear economic vision and
strategy to positively and proactively
encourage sustainable economic
growth, to meet development needs
of business, address potential
barriers to investment and support
and economy fit for 21st century.
(NPPF paras 18-21)
Provide strategic sites for inward
investment to meet anticipated needs
(NPPF para 21, bullet 2);
Support existing business sectors
(including expansion or contraction)
planning for new or emerging sectors
(NPPF para 21, bullet 3).
Plan for employment/business
clusters or networks of knowledge
driven, creative or high technology
industries (NPPF para 21, bullet 4)
Identify and plan for priority areas for
economic regeneration, infrastructure
provision and environmental
enhancement (NPPF para 21, bullet
5).

(Policy SS5 - extract) Safeguard existing higher quality
employment land from alternative uses. New strategic employment
land and smaller scale employment sites will be delivered through
the plan period. Development of the more traditional employment
sectors such as farming and food and drink manufacturing will be
supported. The diversification of the business base, through the
development of knowledge intensive industries, environmental
technologies and creative industries as well as business hubs, livework schemes and the adaptive design of residential development,
will be facilitated where they do not have an adverse impact on the
community or local environment. The provision of high speed
broadband to facilitate diversification will be supported.
(Policy E1 –Extract) The focus for new employment provision in
Herefordshire is to provide a range of locations, types and sizes of
employment buildings, land and offices to meet the needs of the
local economy. Larger employment proposals will be directed to the
strategic employment sites of Hereford, the market towns and rural
industrial estates where appropriate. Development proposals which
enhance employment provision and help diversify the economy of
Herefordshire will be encouraged where: the proposal is
appropriate in terms of its connectivity, scale, design and size; the
proposal makes better use of previously developed land or
buildings; the proposal is an appropriate extension to strengthen or
diversify an existing business operation. The provision of viable
live/work units as part of mixed use developments will also be

Section 7 of the plan supports local
businesses in a manner consistent with the
NPPF and HCS, in particular HCS Policy SS5.
Policy KNDP 2 sets out the development
strategy for the parish and its settlements, and
includes provision for accommodating the
needs of businesses.
HCS does not include any proposal to bring
forward strategic employment sites within the
parish or suggest such is needed. In addition
there are no specific local circumstances that
indicate this is necessary. The parish does not
contain any sites identified as higher quality
employment land or land falling within the best
or good categories of the County’s portfolio
within the Employment Land Study. Kingsland
is a rural area where provision for employment
should be in scale with its community and
character (NPPF para 21; HCS policy SS5, E1
and E2).
Policy KNDP 17 positively supports the
development of local businesses, meeting HCS
Policy E1 provisions that support the
diversification of the rural economy, with no
distinction between traditional forms or those in
new or emerging sectors, including high

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Facilitate flexibly working practices
such as live/work units (NPPF 21,
bullet 6).
Avoid long term protection of sites
allocated for employment where
there is no reasonable prospect of it
being used.(NPPF para 22)

.

encouraged.
(Policy E2 – Extract) Employment land and buildings rated as
‘best’ and ‘good’ using the methodology in the Employment Land
Study 2012 (or successor document) will be safeguarded from
redevelopment to other non-employment uses. Proposals which
would result in the loss of employment land rated as ‘moderate’
will be permitted where:
1. the development of the site for other uses would not result in an
overall shortage in the quality and quantity of employment land
supply in the area; or
2. there would be a net improvement in amenity through the
removal of a nonconforming use from within a residential area,
and where an alternative use would offer amenity benefits. For
sites in existing employment use, consideration should also be
given to the ability to relocate existing occupiers where this is
necessary; or
3. the proposal would not result in a piecemeal loss of
employment land where there is potential for a more
comprehensive scheme;
In all cases:
-the viability of the development proposal must be confirmed
through a comprehensive assessment; and
-there must be evidence of appropriate and active marketing of at
least 12 months for a change of use of a B Class employment use
and it can be shown that this marketing has been unsuccessful.
The provision of ancillary and complementary uses which help
meet the day-to-day needs of employment sites and their
employees and improve the sites’ attractiveness to businesses,
will be permitted where they are of a scale which does not impact
on the overall supply of employment land.

technology forms (NPPF para 21). It contains
safeguards but these do not extend beyond
those expressed in the NPPF or HCS.
No specific locational requirements have been
identified for economic regeneration or
environmental enhancements (NPPF para 21).
However the need to upgrade Kingsland
Sewage Treatment Works has been
recognised and provisions included in the plan
through Policy KNDP 9.
Policies KNDP 17 and 18 support traditional
employment sectors including farming,
business diversification and new forms of
business provided they are in scale with the
rural character of the area and do not have any
adverse effect on the community (amenity),
transport and environment (HCS policy SS5).
The provision of high speed broadband is
supported (Policy KNDP 11).
Policy KNDP 17 also seeks to avoid the
unnecessary loss of business premises and
supports the similar requirement set out in HCS
policy E2
The plan is happy to rely upon HCS policies
related to working from home and the
establishment of live-work units together with
the criteria listed in Policy KNDP 17 and
paragraph 7.3 explains the NDP policy
approach.
The NDP where it relates to economic

(Policy E3 – Extract) The value of home working will be
recognised by allowing some material change of use to part of a
dwelling, where the dwelling remains as the principle place of
residence for the home worker; and recognising the potential to
encourage and expand home working, by allowing small extensions
or conversions where the proposed use and operation would be
compatible with its location and heritage value, and where it would
not adversely affect the amenity of the neighbourhood by any of the
following:
- changes to the appearance of any building;
- noise disturbance from the use or any increased traffic and
parking generated;
- unsociable hours of operation; and
- the storage of hazardous materials or emissions from the site.

development is considered consistent with the
provisions contained within the NPPF and HCS
which aim to support business and enterprise.
The criteria which may restrict such
development are similar to safeguarding
provisions in both the NPPF and HCS and
relate primarily to amenity and the
environment.

(Policy RA5 – Extract) The sustainable re-use of individual and
groups of redundant or disused buildings, including farmsteads in
rural areas, making a positive contribution to rural businesses and
enterprise and support the local economy (including live work units)
or which otherwise contributes to or is essential to the social wellbeing of the countryside, will be permitted where:

Policy KNDP 17 supports the development of
all types of local businesses, including through
the conversion of rural buildings. It also
promotes tourism enterprises of appropriate
scale (NPPF para 28; HCS policies RA5, RA6
and E4). The policy would also apply to local
services.

1. design respects the character and significance of any
redundant or disused building and demonstrate that it
represents the most viable option for the long term
conservation and enhancement of any heritage asset affected,
together with its setting;

Supporting a prosperous rural
economy
Assess the needs of the food
production industry and any barriers
to investment that planning can
resolve (NPPF para 161, bullet 6)
Promote growth and expansion of all
types of businesses and enterprise
through conversions and welldesigned new buildings in rural areas
(NPPF para 28, bullet 1).
Promote diversification and
development of agriculture and other
land based rural businesses (NPPF
para 28, bullet 2).

2. design proposals make adequate provision for protected and
priority species and associated habitats;
3. the proposal is compatible with neighbouring uses, including

In both instances specific protection is provided
to retain the character of the rural area with
references to scale, traffic generation and

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Promote provision and expansion of
sustainable rural tourism, visitor
facilities and leisure developments
that respect the countryside (NPPF
para 28, bullet 3).
Promote the retention and
development of local services and
community facilities in villages (NPPF
para 28, bullet 4).

any continued agricultural operations and does not cause
undue environmental impacts and;
4. the buildings are of permanent and substantial construction
capable of conversion without major or complete
reconstruction; and
5. the building is capable of accommodating the proposed new
use without the need for substantial alteration or extension,
ancillary buildings, areas of hard standing or development
which individually or taken together would adversely affect the
character or appearance of the building or have a detrimental
impact on its surroundings and landscape setting.
Any planning permissions granted pursuant to this policy will be
subject to a condition removing permitted development rights for
future alterations, extensions and other developments.
(Policy RA6 – Extract) Employment generating proposals which
help diversify the rural economy such as knowledge based creative
industries, environmental technologies, business diversification
projects and home working will be supported. A range of economic
activities will be supported, including proposals which:
- support and strengthen local food and drink production;
- support and/or protect the vitality and viability of commercial
facilities of an appropriate type and scale in rural areas, such as
village shops, petrol filling stations, garden centres and public
houses.
- involve the small scale extension of existing businesses;
- promote sustainable tourism proposals of an appropriate scale in
accordance with Policy E4 -Tourism;
- promote the sustainable use of the natural and historic
environment as an asset which is valued and conserved;

environmental protection. As previously
indicated these accord with both the NPPF and
HCS
Policy KNDP 12 supports development that
would enhance the viability of local services
and community facilities (NPPF para 28).
No distinction is drawn between different
employment sectors except in terms of
directing light industrial operations to converted
premises or brownfield sites. Support for
tourism is specifically highlighted. In addition,
no restrictions are placed upon development
proposals for or associated with agricultural
diversification, new technologies, and local
services except that they should be of
appropriate scale and character and do not
affect visual or residential amenity (meeting the
provisions of NPPF para 28; HCS policies RA5,
RA6 and E4).
The NDP where it relates to the rural economy
is considered consistent with the provisions
contained within the NPPF and HCS.

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- support the retention of existing military sites
- support the retention and/ or diversification of existing agricultural
businesses.
Planning applications which are submitted in order to diversify the
rural economy will be permitted where they;
- ensure that the development is of a scale which would be
commensurate with its location and setting;
- do not cause unacceptable adverse impacts to the amenity of
nearby residents by virtue of design and mass, noise and dust,
lighting and smell;
- do not generate traffic movements that cannot safely be
accommodated within the local road network; and
- do not undermine the achievement of water quality targets in
accordance with Policies SD3 and SD4.

(Policy E4 – Extract) Herefordshire will be promoted as a
destination for quality leisure visits and sustainable tourism by
utilising, conserving and enhancing the county’s unique
environmental and heritage assets and by recognising the intrinsic
character and beauty of the countryside. In particular, the tourist
industry will be supported by a number of measures including:
1. the development of sustainable tourism opportunities,
capitalising on assets such as the county’s landscape, rivers,
other waterways and attractive rural settlements, where there is
no detrimental impact on the county’s assets or on the overall
character and quality of the environment. Particular regard will
be had to conserving the landscape and scenic beauty in the
Areas of Outstanding Natural Beauty;
2. retaining and enhancing existing, and encouraging new,
accommodation and attractions throughout the county,
Kingsland Neighbourhood Development Plan ‐ Basic Conditions Statement (October 2015)

Page 10

3. retaining and enhancing existing, and encouraging new,
accommodation and attractions throughout the county, which
will help to diversify the tourist provision, extend the tourist
season and increase the number of visitors staying overnight.
In particular proposals for new hotels will be encouraged.
Applicants will be encouraged to provide a ‘Hotel Needs
Assessment’ for any applications for new hotels;
4. ensuring that cycling, walking and heritage tourism is
encouraged by facilitating the development of long distance
walking and cycling routes, food and drink trails and heritage
trails, including improvements to public rights of way, whilst
having special regard for the visual amenity of such routes and
trails, and for the setting of heritage assets in their vicinity
5.

the safeguarding of the historic route of the Herefordshire and
Gloucestershire Canal (shown on the Policies Map), together
with its infrastructure, buildings, towpath and features. Where
the original alignment cannot be re-established, a corridor
allowing for deviations will be safeguarded. New developments
within or immediately adjoining the safeguarded corridor will
be required to incorporate land for canal restoration.
Development not connected with the canal that would prevent
or prejudice the restoration of a continuous route will not be
permitted

Supporting high quality
communications infrastructure
Support the expansion of the
electronic communications network,
including broadband but keeping the
number of masts to a minimum,
using existing buildings and
structures, with new sites
sympathetically designed (NPPF

(Policy SD1 – Extract) Development proposals should create safe,
sustainable, well integrated environments for all members of the
community. In conjunction with this, all development proposals
should incorporate the following requirements (among others):
•

Policy KNDP 11 meets the provision in NPPF
para 43 to support the expansion of broadband
infrastructure for businesses and residential
property. It also meets and supports the
provision in HCS policy SD1 for new properties
to have the appropriate infrastructure included
in the construction of properties to provide for

Page 11

para 43).

new technologies to meet changing needs throughout the lifetime
of the development;

broadband. Provision for broadband is a local
and site specific issue. Other electronic
communication equipment utilising masts
needs to be considered at a wider level so
HCS is considered more appropriate.
The policy will support the sustaining and
development of local businesses including
promoting home working.

Provision of Infrastructure
Work with other authorities and
providers to assess the quality and
capacity of (among others)
infrastructure for transport, water
supply and wastewater and its
treatment (NPPF para 162, bullet 1)
Encourage transport solutions that
support reductions in greenhouse
gas emissions and reduce
congestion (NPPF para 30).
Developments that generate
significant amounts of movements
should be supported by Transport
Statements or Transport
Assessments to show sustainable
transport modes have been taken
into account, safe and suitable
access can be achieved, and
improvements to the transport
network to limit impacts on
development can be undertaken
(NPPF paras 32 and 36)

(Policy SS4 – extract) New developments should be designed
and located to minimise the impacts on the transport network;
ensuring that the efficient and safe operation of the network
are not detrimentally impacted. Where possible development
proposals should be accessible by and facilitate a genuine
choice of modes of travel. Development proposals that will
generate high journey numbers should be in sustainable
locations, accessible by means other than private car or
alternatively, be required to demonstrate that they can be
made sustainable by reducing unsustainable transport as
required in future local or neighbourhood development plans
and developer contributions, which meet the statutory tests,
patterns and promoting travel by walking, cycling and public
transport. Proposals to provide new and improved existing
public transport, walking and cycling infrastructure will be
supported. Where appropriate, land and routes will be
safeguarded and developer contributions sought to assist with
the delivery of new sustainable transport infrastructure,
including that required for alternative energy cars.
Herefordshire Council will work with the Highways Agency, Network

HCS has determined where development
should be located and this takes into account
the needs of rural areas (NPPF para 34).
There are no proposals at this time for
transport infrastructure affecting the Parish
(NPPF para 41).
Policy KNDP 8 indicates that the Parish
Council will work with Herefordshire Council in
relation to transport infrastructure (NPPF para
162; HCS policy SS4) in particular to
encourage walking and cycling (NPPF paras
30 and 35; HCS policy SS7).
It is not currently envisaged that development
generating significant traffic will take place
within the Parish but there may be such
development in areas elsewhere that might
result in such traffic passing through it.
However Policy KNDP 8 does include a
criterion that would address the issue identified
in NPPF para 32/36 and HCS policy SS4.

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Locate development that generate
significant movements where the
need to travel will be minimised and
sustainable transport modes
maximise, but take into account
policies for rural areas (NPPF para
34).
Give priority to pedestrians and cycle
movements (NPPF para 35, bullet 2).
Create safe and secure layouts,
minimising conflicts between users,
avoiding clutter (NPPF para 35, bullet
3)
Consider the needs of people with
disabilities by all modes of transport
(NPPF para 35, bullet 5).
Balance land uses so people can be
encouraged to minimise journey
length (NPPF para 37).
Set local parking standards taking
account of accessibility, type of
development, availability of public
transport, car ownership and need to
reduce the use of high emission
vehicles (NPPF para 39).
Identify and protect sites and routes
critical in developing infrastructure to
widen transport choices (NPPF para
41)

Rail, bus and train operators, developers and local communities to
bring forward improvements to the local and strategic transport
network to reduce congestion, improve air quality and road safety
and offer greater transport choices.
Development proposals incorporating commercial vehicular
movements that could detrimentally impact on the environmental
quality, amenity, safety and character of the surrounding locality will
be expected to incorporate evidence demonstrating how the traffic
impacts are to be mitigated.
Policy SS7- Extract) Development proposals will be expected to
include measures which will mitigate their impact on climate
change.
At a strategic level, this will include:
•
delivering development that seeks to reduce the need to
travel by private car and which encourages sustainable travel
options including walking, cycling and public transport.

(Policy MT1 – Extract) Development proposals should incorporate
the following principle requirements covering movement and
transportation:
1. demonstrate that the strategic and local highway network can
absorb the traffic impacts of the development without adversely
affecting the safe and efficient flow of traffic on the network or that
traffic impacts can be managed to acceptable levels to reduce and
mitigate any adverse impacts from the development;
2. promote and, where possible, incorporate integrated transport
connections and supporting infrastructure (depending on the nature
and location of the site), including access to services by means
other than private motorised transport;
3. encourage active travel behaviour to reduce numbers of short
distance car journeys through the use of travel plans and other

HCS policies SS4, MT1 and SD1 cover
requirements in terms of ensuring traffic
generated by developments in general should
be accommodated on the highway network and
on-site arrangements for vehicles and
sustainable transport measures. These HCS
policies are considered sufficient for the needs
of the Parish but Policy KNDP 8 supplements
and strengthen these where there is
considered to be a local requirement or the
community has expressed concern.
Policy KNDP 8 promotes the provision of offroad parking which has been identified as an
issue within the village centre in order that the
main village street can properly absorb traffic
(HCS policy MT1). However Policy KNDP 8
supports HCS parking standards, there being
no evidence to suggest different standards are
required (NPPF 39).
No constraints have been identified in terms of
water supply within the Parish (NPPF para
162).
Kingsland Neighbourhood Development Plan
recognises there may be a constraint in terms
of wastewater treatment, specifically in relation
to Kingsland Sewage Treatment Works, and
the subsequent impact this would have on the
River Lugg, highlighted in various documents
within the HCS evidence base. Policy KNDP 9
highlights this issue to potential developers
requiring them to show that development will
not overload the sewage treatment work
system. This policy is specific to Kingsland

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Local Plans should take account of
climate change over the longer term
including factors such as (inter alia0
water supply (NPPF para 99).
Minimise pollution on the local and
natural environment (NPPF para 10)

promotional and awareness raising activities;
4. ensure that developments are designed and laid out to achieve
safe entrance and exit, have appropriate operational and
manoeuvring space, accommodate provision for all modes of
transport, the needs of people with disabilities and provide safe
access for the emergency services;
5. protect existing local and long distance footways, cycleways and
bridleways unless an alternative route of at least equal utility value
can be used, and facilitate improvements to existing or provide new
connections to these routes, especially where such schemes have
been identified in the Local Transport Plan and/or Infrastructure
Delivery Plan; and
6. have regard to both the council’s Highways Development Design
Guide and cycle and vehicle parking standards as prescribed in the
Local Transport Plan - having regard to the location of the site and
need to promote sustainable travel choices.

village and supports the approach set out in
HCS policy SD4.
The wastewater treatment needs of
development elsewhere in the parish, including
at Shirlheath and Cobnash, which are not on
mains drainage, would fall to be determined
under the county-wide provisions of HCS policy
SD4 and there would be no purpose in
replicating this policy.

The NDP where it relates to the provision of
infrastructure is considered consistent with the
provisions contained within the NPPF and
HCS.

Where traffic management measures are introduced they should be
designed in a way which respects the character of the surrounding
area including its landscape character. Where appropriate, the
principle of shared spaces will be encouraged.
(Policy SD3 – Extracts) Measures for sustainable water
management will be required to be an integral element of new
development in order to reduce flood risk; to avoid an adverse
impact on water quantity; to protect and enhance groundwater
resources and to provide opportunities to enhance biodiversity,
health and recreation. This will be achieved by ensuring that:
2. development is designed to be safe taking into account the
lifetime of the development, and the need to adapt to climate
change by setting appropriate floor levels, providing safe
pedestrian and vehicular access, where appropriate, implementing
a flood evacuation management plan and avoiding areas identified
as being subject to Rapid Inundation from a breach of a Flood
Defence;
Kingsland Neighbourhood Development Plan ‐ Basic Conditions Statement (October 2015)

Page 14

3. where flooding is identified as an issue, new development should
reduce flood risk through the inclusion of flood storage
compensation measures, or provide similar betterment to enhance
the local flood risk regime;
4. development will not result in the loss of open watercourse, and
culverts should be opened up where possible to improve drainage
and flood flows. Proposals involving the creation of new culverts
(unless essential to the provision of access) will not be permitted;
5. development includes appropriate sustainable drainage systems
(SuDS) to manage surface water appropriate to the hydrological
setting of the site. Development should not result in an increase in
runoff and should aim to achieve a reduction in the existing runoff
rate and volumes, where possible;
7. the separation of foul and surface water on new developments is
maximised;
9. development should not cause an unacceptable risk to the
availability or quality of water resources; and
10. in particular, proposals do not adversely affect water quality,
either directly through unacceptable pollution of surface water or
groundwater, or indirectly through overloading of Wastewater
Treatment Works.

.

Development proposals should help to conserve and enhance
watercourses and riverside habitats, where necessary through
management and mitigation measures for the improvement and/or
enhancement of water quality and habitat of the aquatic
environment. Proposals which are specifically aimed at the
sustainable management of the water environment will in particular
be encouraged, including where they are required to support
Kingsland Neighbourhood Development Plan ‐ Basic Conditions Statement (October 2015)

Page 15

business needs such as for agriculture. Innovative measures such
as water harvesting, winter water storage and active land use
management will also be supported. In all instances it should be
demonstrated that there will be no significant adverse landscape,
biodiversity or visual impact

(Policy SD4 – Extract)
Development should not undermine the achievement of water
quality targets for rivers within the county, in particular through the
treatment of wastewater.
In the first instance developments should seek to connect to the
existing mains wastewater infrastructure network where nutrient
levels do not exceed conservation objectives within a SAC
designated river. Proposals will need to fully mitigate the adverse
effects of wastewater discharges into rivers caused by the
development. This may involve:
•
measures to achieve water efficiency and/or a reduction in
surface water discharge to the mains sewer network, in accordance
with policy SD3;
•
phasing or delaying development until capacity is available;
•
developer contributions to contribute to improvements to
waste water treatment works or other appropriate measures to
release capacity to accommodate new development;
•
planning permission will only be granted where it can be
demonstrated that there will be no adverse effect on the integrity of
the SAC; and
•
• where the nutrient levels set for conservation objectives
are already exceeded, new development should not compromise
the ability to reduce levels to those which are defined as favourable
for the site.

Where connection to the wastewater infrastructure network is not
practical, alternative options should be considered in the order:
- provision of or connection to a package sewage treatment works ;
- septic tank.
With either of these non-mains alternatives, proposals should be
accompanied by the following:
- information to show there will be no likely significant effect on the
water quality of the River Wye and the River Clun SACs; or
- where there will be a likely significant effect upon a SAC river,
information to enable the council to ascertain that there will be no
adverse effect on the integrity of the SAC;
- in relation to then SACs, the inclusion of measures achieving the
highest standard of water quality discharge to the natural drainage
system including provision for monitoring.
The use of cesspools will only be considered in exceptional
circumstances and where it can be demonstrated that sufficient
precautionary measures will ensure no adverse effect upon natural
drainage water quality objectives.

Achieving Sustainable Development – Social Role
Supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future
generations; creating a high quality built environment, with accessible local services that reflect the community’s needs and supports its health,
social and cultural well-being.
Delivering a wide choice of high
quality homes
Identify sites that are key to delivery
of the strategy within the housing
market area over the plan period
(NPPF para 47, bullet 1).
Illustrate housing delivery over the
plan period showing of a 5 – year
supply of housing land (NPPF para
47 bullet 4)
Set out approach to housing density
to reflect local circumstances (NPPF
para 47, bullet 5).
Make allowance for windfalls in the 5year supply where compelling
evidence (NPPF para 48).
Plan for a mix of housing based on
demographic trends, market trends
and needs of different groups (NPPF
para 50, bullet 1)
Identify the size, type, tenure and
range of housing that is required in
particular locations, reflecting local
demand (NPPF para 50, bullet 2).

(Policy SS2 – extract) In the rural areas new housing
development will be acceptable where it helps to meet local
housing needs and requirements, supports the rural economy and
local services and facilities and is responsive to the needs of its
community. In the wider rural areas new housing will be carefully
controlled reflecting the need to recognise the intrinsic character
and beauty of the countryside.
The use of previously developed land in sustainable locations will
be encouraged. Residential density will be determined by local
character and good quality design. The target net density across
the county is between 30 and 50 dwellings per hectare may be less
in sensitive areas.
(Policy SS3 – Extract) A sufficient supply of housing land will be
maintained to ensure the delivery of the Core Strategy housing
target as set out in Policy SS2 over the plan period. The rate of
housing delivery and supply will be assessed though the annual
monitoring process. If monitoring demonstrates that the number of
new dwelling completions is below the cumulative target figure over
a 12-month monitoring period (1 April to 31 March) as set out in the
housing trajectory in Appendix 4 the Council will prioritise
increasing housing supply in the following monitoring periods using
appropriate mechanisms which, depending on the scale and nature
of potential under-delivery, will include:
• A partial review of the Local Plan – Core Strategy: or
• The preparation of new Development Plan Documents; or
• The preparation of an interim position statement and utilising

The strategy for delivering housing (and other
forms of development) within the parish and its
settlements is set out in Policy KNDP 2 and
then Section 6 of the plan. It also restricts
new houses in the open countryside to special
cases, indicating that relevant policies in HCS
will be applied, particularly its Policy RA3
(NPPF paras 54 and 55).
There are no strategic site locations identified
within Kingsland Parish. The provision of sites
to meet the housing target within the Parish
has largely been met through planning
permissions already granted (NPPF paras 47,
52 and 55). A modest allowance for rural
windfall development of 12 – 17 dwellings
through HCS Policies such as RA3 has been
assessed based on an analysis of recent
trends both within the Parish and across the
County (NPPF para 48). Existing planning
permissions provide affordable housing to meet
current assessed needs. The outstanding
housing requirement for the plan period is
numerically small such that further on-site
affordable housing provision is unnecessary
according to current estimates (NPPF para 50).
No particular cases where houses can be
brought back into use have been identified

Page 18

Set policies to meet identified
affordable housing need on site
unless offsite provision can be
robustly justified but ensuring mixed
and balanced communities (NPPF
para 50, bullet 3).
Bring back into use empty houses
and buildings (NPPF para 51)
Consider utilising extensions to
existing villages where this follows
the principles of Garden Cities where
support from local communities
(NPPF para 52).
Restrict inappropriate development of
residential gardens where will cause
harm to the local area (NPPF para
53)
In rural areas be responsive to local
circumstances, reflecting local need,
particularly for affordable housing on
‘exception sites’ and whether
allowing some market housing would
facilitate additional affordable
housing form local need (NPPF para
54).
In rural areas locate housing to
maintain or enhance the vitality of
rural communities, enabling
development in one village where it
will support services in a nearby one
(NPPF para 55).

evidence from the Strategic Housing Land Availability
Assessment to identify additional housing land

Appendix 5 sets out the relationships between the delivery of
housing and the timing of the main infrastructure requirements. It
also identifies actions necessary to safeguard the integrity of the
River Wye Special Area of Conservation (SAC) from significant
adverse effects. The Council will actively monitor the relationships
identified in this appendix. Any material delays in the
implementation of identified infrastructure of environmental
safeguards and which will lead to under-delivery of housing supply
will inform the implementation of the range of measures set out
above to ensure plan-led corrective measures are put in place *.**
The delivery and supply of new housing will be monitored on a
regular basis and through the annual monitoring process in
particular. Appendix 4 sets out an indicative trajectory for total
housing completions, which will provide a basis for monitoring
completions over the plan period. In the event that the monitoring
process demonstrates that the rate of completions have fallen
below targets, an early assessment will be made as to the most
appropriate mechanism to boost housing delivery depending upon
the scale and nature of the issue.

(Policy RA1 – Extract) In Herefordshire’s rural areas a minimum of
5,300 new dwellings will be provided between 2011 and 2031 to
contribute to the county’s housing needs. The development of rural
housing will contribute towards the wider regeneration of the rural
economy.
New dwellings will be broadly distributed across the county’s rural
areas on the basis of seven Housing Markets Areas (HMA) and
illustrated in Figure 4.18 This acknowledges that different areas of

(NPPF para 51).
No requirement to phase development has
been indicated and this is supported by the fact
that the majority of the housing target for the
parish has been met through outstanding
planning permissions (HCS policy SS3).
Policies KNDP 14 (Kingsland), KNDP 15
(Shirlheath) and KNDP 16 (Cobnash) make
provision to meet the housing needs set out in
HCS polices RA1 and RA2.
The minimum housing target for the Parish
over the plan period 2011 to 2031 indicated by
Herefordshire Council is 65. Herefordshire
Council also advised that between April 2011
and March 2014 six new dwellings were
completed and a further 24 had received
planning permission. Between April 2014 and
1st October 2015 a further 18 had received
planning permission. Taking the rural windfall
allowance into account with the current
developments and planning permissions this
amounts to 60-67 dwellings so far within the
plan period.
Settlement or development boundaries are
defined for the three settlements identified
within HCS tables 4.20 and 4.21 in order to
meet the requirements of HCS policy RA2 and
specifically HCS paragraph 4.8.23. The
boundaries for Kingsland village, Shirlheath
and Cobnash each provide opportunities for
further housing development in order that the
HCS housing target for the parish will be met

Page 19

Avoid isolated housing in the
countryside by restricting to special
circumstances (NPPF para 55 with
bullets setting out circumstances).

Herefordshire have different housing needs and requirements.

and most likely exceeded.

(An 18% growth target for the parish of Fownhope is indicated in
HCS and this would amount to 85 dwellings over the period 2011 to
2031. This should inform the approach to housing provision to meet
future housing needs much of which should be provided through
the neighbourhood plan and to be met in a locally focussed way.)

Policy KNDP 14 (Kingsland village) relates to
a settlement boundary that has sufficient
opportunities for an estimated further 20-30
dwellings. Not all of these opportunities are
expected to come forward within the planperiod although the past windfall rate within the
settlement over the period 2001 – 2015 was
around 3 dwellings per annum. The
outstanding requirement to meet and exceed
the housing target for the parish can be met
within the proposed settlement boundary for
Kingsland village on small sites and individual
plots.

(Policy RA2 – Extract) To maintain and strengthen locally
sustainable communities across the rural parts of Herefordshire,
sustainable housing growth will be supported in those settlements
identified in Figures 4.20 and 4.21. This will enable development
that has the ability to bolster existing service provision, improve
facilities and infrastructure and meet the needs of their
communities concerned.
The minimum growth target in each rural Housing Market Area will
be used to inform the level of housing development to be delivered
in the various settlements set out in Figures 4.20 and 4.21.
Neighbourhood Development Plans will allocate land for new
housing or otherwise demonstrate delivery to provide levels of
housing to meet the various targets.
Housing proposals will be permitted where the following criteria are
met:
1. Their design and layout should reflect the size, role and function
of each settlement and be located within or adjacent to the main
built up area. In relation to smaller settlements identified in fig 4.21
proposals will be expected to demonstrate particular attention to
the form, layout, character and setting of the site and its location in
that settlement and/or they result in development that contributes to
or is essential to the social well-being of the settlement concerned;
2. Their locations make best and full use of suitable brownfield sites
wherever possible;
3. They result in the development of high quality, sustainable
Kingsland Neighbourhood Development Plan ‐ Basic Conditions Statement (October 2015)

Policy KNDP 15 (Shirlheath) is based upon a
defined development boundary. The settlement
form of Shirlheath is one where properties are
spread across a large area and hence not
conducive to having a settlement boundary
defined. The development boundary defines
the main built up area of the settlement in order
to meet HCS Policy RA2.1. Within this
boundary it is estimated that there are
opportunities for a further 7 – 12 dwellings.
Policy KNDP 16 (Cobnash) is similarly based
upon a development boundary for a similar
reason to that for Shirlheath. Within this
boundary it is estimated that there are
opportunities for 3 – 7 new dwellings
Policy KNDP14 requires provision to be made
for affordable housing in accordance with HCS
policies for any sites of sufficient size that

Page 20

schemes which are appropriate to their context and make a positive
contribution to the surrounding environment and its landscape
setting; and
4. They result in the delivery of schemes that generate the size,
type, tenure and range of housing that is required in particular
settlements, reflecting local demand.
Specific proposals for the delivery of local need housing will be
particularly supported where they meet an identified need and their
long-term retention as local needs housing is secured as such.
(Policy RA3 – Extract) In rural locations outside of settlements, as
to be defined in either neighbourhood development plans or the
Rural Areas Sites Allocations DPD, residential development will be
limited to proposals which satisfy one or more of the following
criteria:
1. meets an agricultural or forestry need or other farm
diversification enterprise for a worker to live permanently at or
near their place of work and complies with Policy RA4; or
2. accompanies and is necessary to the establishment or growth
of a rural enterprise, and complies with Policy RA4; or
3. involves the replacement of an existing dwelling (with a lawful
residential use) that is comparable in size and scale with, and
is located in the lawful domestic curtilage, of the existing
dwelling; or
4. would result in the sustainable re-use of a redundant or disused
building(s) where it complies with Policy RA5; and leads to an
enhancement of its immediate setting;
5. is rural exception housing in accordance with Policy H2; or
6. is of exceptional quality and innovative design satisfying the
design criteria set out in Paragraph 55 of the National Planning
Policy Framework and achieves sustainable standards of
design and construction; or
7. is a site providing for the needs of gypsies or other travellers in
accordance with Policy H4.
Kingsland Neighbourhood Development Plan ‐ Basic Conditions Statement (October 2015)

come forward within the Kingsland village. This
is the location that contains services and
facilities that households requiring such
housing will need access to. The provision of
any further affordable social housing beyond
that approved through planning permissions
already granted would need to be identified by
up-to-date surveys and provided through offsite provision utilising HCS Policy H2.
Mortimer’s Cross is a small settlement that
straddles four parishes and only a small part is
in Kingsland Parish. None of what might be
defined as its built up area falls within the
parish.
Policies KNDP 14, KNDP 15 and KNDP 16
require housing development to meet criteria to
reflect the existing scale, character, density
and massing of existing properties in the
vicinity. It is considered this addresses the
density issue in the most appropriate way
(NPPF para 47, bullet 5). HCS policy SS2
recognises that lower densities may be
appropriate in sensitive areas. Kingsland
village falls within a large conservation area;
Shirlheath and Cobnash have relatively low
density characteristics. The references in the
policies are considered sufficient to cover the
issue of development within rear gardens
(NPPF para 53).
None of these or other policies elsewhere in
this NDP are considered inconsistent with
Government or HCS provisions relating to
supporting the sustainable provision of both

Page 21

(Policy H1 – Extract) All new open market housing proposals on
sites of more than 10 dwellings which have a maximum combined
gross floor space of more than 1000sqm will be expected to
contribute towards meeting affordable housing needs.

market and affordable housing to meet local
and wider needs while protecting
environmental and social considerations of
acknowledged importance.

The amount and mix of affordable housing including those on
strategic housing sites will vary depending on evidence of housing
need as identified through the latest housing market assessment,
and an assessment of the viability of the development. The
following indicative targets have been established based on
evidence of need and viability in the county’s housing market and
housing value areas:
1. a target of 35% affordable housing provision on sites in the
Hereford, Hereford Northern and Southern Hinterlands, and
Kington and West Herefordshire housing value areas;
2. a target of 40% affordable housing provision on sites in the
Ledbury, Ross and Rural Hinterlands; and Northern Rural housing
value areas (which includes Bromyard);
3. a target of 25% affordable housing provision on sites in the
Leominster housing value area.
Any affordable housing provided under the terms of this policy will
be expected to be available in perpetuity for those in local housing
need.

(Policy H2 – Extract) Proposals for affordable housing schemes in
rural areas may be permitted on land which would not normally be
released for housing where:
1. the proposal could assist in meeting a proven local need; and
2. the housing provided is made available to, and retained in
perpetuity for local people in need of affordable housing; and
3. the site respects the characteristics of its surroundings,
Kingsland Neighbourhood Development Plan ‐ Basic Conditions Statement (October 2015)

Page 22

demonstrates good design and offers reasonable access to a
range of services and facilities normally in a settlement.
In order to enable the delivery some market housing may be
permitted as part of the development to subsidise a significant
proportion of affordable housing provision. However, evidence
will be required to demonstrate that the proposed scale of market
housing is that required for the delivery of affordable housing.

(Policy RA5 – Extract)
The sustainable re-use of individual and groups of redundant or
disused buildings, including farmsteads in rural areas, which will
make a positive contribution to rural businesses and enterprise and
support the local economy (including live work units) or which
otherwise contributes to or is essential to the social well-being of
the countryside, will be permitted where:
1. design proposals respect the character and significance of any
redundant or disused building and demonstrate that it represents
the most viable option for the long term conservation and
enhancement of any heritage asset affected, together with its
setting;
2. design proposals make adequate provision for protected and
priority species and associated habitats;
3. the proposal is compatible with neighbouring uses, including any
continued agricultural operations and does not cause undue
environmental impacts and;
4. the buildings are of permanent and substantial construction
capable of conversion without major or complete reconstruction;
and
5. the building is capable of accommodating the proposed new use
without the need for substantial alteration or extension, ancillary
buildings, areas of hard standing or development which individually
or taken together would adversely affect the character or
appearance of the building or have a detrimental impact on its
Kingsland Neighbourhood Development Plan ‐ Basic Conditions Statement (October 2015)

Page 23

surroundings and landscape setting.
Any planning permissions granted pursuant to this policy will be
subject to a condition removing permitted development rights for
future alterations, extensions and other developments.
(Policy H3 – Extract) Residential developments should provide a
range and mix of housing units which can contribute to the
creation of balanced and inclusive communities. In particular, on
sites of more than 50 dwellings, developers will be expected to:
1. provide a range of house types and sizes to meet the needs of
all households, including younger single people;
2. provide housing capable of being adapted for people in the
community with additional needs; and
3. provide housing capable of meeting the specific needs of the
elderly population by: -providing specialist accommodation
for older people in suitable locations; -ensuring that nonspecialist new housing is built to take account of the
changing needs of an ageing population; -ensuring that
developments contain a range of house types, including
where appropriate, bungalow accommodation.
The latest Local Housing Market Assessment will provide evidence
of the need for an appropriate mix and range of housing types and
sizes

(Policy SD1 – Extract) Development proposals should create safe,
sustainable, well integrated environments for all members of the
community. In conjunction with this, all development proposals
should incorporate the following requirements (among others):

Kingsland is a rural Parish and Kingsland
village contains a range of services and
facilities intermingled with housing mainly
within its central core. The level and extent of
new development is not such that would
require the planning of mixed development, but
would support the existing village centre

Page 24

and promote cohesion (NPPF
paragraph 69, bullet 2)
Promote safe and accessible
developments with clear legible
pedestrian routes, high quality public
spaces to encourage active and
continual use of public areas (NPPF
para 69, bullet 3).
Plan positively for the provision and
use of shared space, community
facilities (e.g. meeting places, public
houses) and other local services
(NPPF para 70, bullet 1).
Guard against unnecessary loss of
valued facilities and service, enabling
them to develop and modernise in
sustainable ways (NPPF para 70,
bullets 2 & 3)
Integrate location of housing,
economic uses and community
facilities and services (NPPF para
70, bullet 4)
Work with those involved with
schools to Identify and resolve key
issues to enable them to be created,
expanded and altered (NPPF para
72, bullet 2).
Protect and provide opportunities for
new open space, sports and
recreational facilities and land based

opportunities for crime and anti-social behaviour by incorporating
Secured by Design principles, and consider the incorporation of
fire safety measures, particularly the location of establishments
where hazardous substances are present;
(Policy SC1 – Extract) Development proposals which protect,
retain or enhance existing social and community infrastructure or
ensure that new facilities are available as locally as possible will be
supported where in or close to settlements, have considered the
potential for co-location of facilities and where possible be safely
accessible by foot, by cycle and public transport.
New development that creates a need for additional social and
community facilities - that cannot be met through existing social
facilities – will be expected to meet the additional requirements
through new, or extension of existing, provision or by developer
contributions which meet the relevant tests of paragraph 204 of the
NPPF.
.
Existing facilities will be retained, unless it can be demonstrated
that an appropriate alternative is available, or can be provided or it
can be shown that the facility is no longer required, viable or no
longer fit for purpose; and where appropriate, it has been vacant
and marketed for community use without success. Viable
alternative facilities must be equivalent to those they replace, in
terms of size, quality and accessibility.
The provision or improvement of higher education facilities and the
continuing enhancement of existing or provision of new, training
and skills facilities will be actively promoted.

facilities (NPPF paras 69 and 70).
Policy KNDP 12 supports the retention and
creation of services and facilities by enabling
development that would enhance their viability,
subject to appropriate safeguards relating to
protection of amenity, acceptability in highway
terms and does not restrict or detrimentally
affect existing adjacent uses (NPPF para 70;
HCS policy SC1).
The needs of the village primary school and
pre-school (NPPF para 72); play facilities
(NPPF paras 73/74); facilities for the elderly
were identified as important and included in.
Policy KNDP 12.
Policy KNDP 13 identifies and protects green
spaces and areas of local importance as Local
Green Space (NPPF paras 76-78; HCS policy
OS2).
The extent of development required to meet
the needs of villages within the Parish are such
that major areas of new open space will not be
needed. Provision should therefore be through
supporting and enhancing existing provision in
line with HCS policy OS2 (2).
There are no proposals that would result in the
loss of open or play space (HCS policy OS3).
Policy KNDP 3 promotes development that
and requires sites to make provision for
walking, cycling and reducing the need to travel
by car (NPPF para 69).

Page 25

on robust and up-to-date
assessments (NPPF paras 73 &74).
Protect and enhance public rights of
way and access (NPPF para 76).
Identify and provide special
protection for green areas by
designating Local Green Space
(NPPF paras 76-78).

community, provision for open space, sports and recreation
facilities will be sought, where appropriate, taking into account the
following principles:
1. any new development must be in accordance with all
applicable set standards of quantity, quality and accessibility;
and
2. provision of open space, sports and recreation facilities should
be located on-site unless an off-site or partial off-site
contribution would result in an equally beneficial enhancement
to an existing open space, sports and/or recreation facility
which are of benefit to the local community.
(Policy OS3 – Extract) In determining proposals which result in the
loss of an open space, sports or recreation facility, the following
principles will be taken into account:
1. clear evidence that the resource is surplus to the applicable
quantitative standard;
2. the loss of the resource results in an equally beneficial
replacement or enhanced existing facility for the local
community;
3. the loss of the resource is for the purpose of providing an
ancillary development which improves the functioning, usability
or viability of the resource, e.g. changing rooms, toilets,
grandstand accommodation, and function uses;
4. the loss of the resource will not result in the fragmentation or
isolation of a site which is part of a green infrastructure corridor.

No proposals for new public rights of way are
proposed (NPPF para 76) although measures
to increase accessibility would be supported
through Policy KNDP 13.
None of these or other policies elsewhere in
this NDP are considered inconsistent with
Government or HCS provisions relating to
community facilities, services and related
health and wellbeing measures.

The provision of HCS policy SD1 in relation to
creating safe environments, addressing crime
prevention and community safety are not
duplicated in Kingsland Neighbourhood
Development Plan and will be a matter left to
be considered through that HCS policy (NPPF
para 69).

Page 26

Achieving Sustainable Development – Environmental Role
Contributing to protecting and enhancing our natural, built and historic environment; and as part of this helping to improve biodiversity, use
natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.
Requiring good design
Plan positively for the achievement of
high quality design based on robust
and comprehensive objectives for the
future of the area and defined
characteristics (NPPF para 57).
Development should function well
and add to the overall quality of the
area over its lifetime (NPPF para 58,
bullet 1)
Establish a strong sense of place,
using streetscape and buildings to
create attractive and comfortable
places to live, work and visit by
(NPPF para 58, bullet 2).

(Policy SD1 – Extract) Development proposals should create safe,
sustainable, well integrated environments for all members of the
community. In conjunction with this, all development proposals
should incorporate the following requirements (among others):

Kingsland Neighbourhood Development Plan
gives a high priority to requiring development to
be designed to a high standard and to reflect
the quality and character of its settlements and
the countryside.

•
new buildings should be designed to maintain local
distinctiveness through incorporating local architectural detailing
and materials and respecting scale, height, proportions and
massing of surrounding development. while making a positive
contribution to the architectural diversity and character of the area
including, where appropriate, through innovative design;
•
safeguard residential amenity for existing and proposed
residents;
•
ensure that distinctive features of existing buildings and
their setting are safeguarded and where appropriate, restored;
•
include elements that contribute to the provision of green

Policy KNDP 3 complements HCS policy SD1
and sets out the need to address sustainable
design issues in an integrated way through
considering those features important to the
design of individual buildings, those
appropriate at the site level and the
contribution to the wider community. It does not
seek to replicate HCS policy SD1 but is
consistent with it.

Optimise potential of site to
accommodate development ,
sustaining a mix of uses and
including green and open space,
local facilities and transport networks
(NPPF para 58, bullet 3)
Reflect the identity of local
surroundings and materials
contributing to local distinctiveness
but without discouraging innovation
and originality (NPPF para 58, bullet
Kingsland Neighbourhood Development Plan ‐ Basic Conditions Statement (October 2015)

In addition Policies KNDP 4 (Retaining the
Rural Character of Kingsland Parish); KNDP 5
(Protecting Kingsland’s Heritage Assets);
KNDP 6 (Retaining the Character of the
Conservation Area and Kingsland Village);
KDNP 14 (New Homes in Kingsland Village);
KNDP 15 (New Homes in Shirlheath) and
KNDP 16 (New Homes in Cobnash) all
address design, seeking to ensure new
development respects the character of the area
and surroundings, local distinctiveness and a
range of amenity issues. The extent and
coverage of these policies is such that the Plan

Page 27

4).
Create safe and accessible
environments, maintaining
community cohesion (NPPF para 58,
bullet 5).
Be visually attractive with good
architecture and appropriate
landscaping (NPPF para 58, bullet
6).
Consider using design codes to
deliver high quality outcomes (NPPF
para 59)
Seek to promote and reinforce local
distinctiveness (NPPF para 60).
Address the connection between
people and places and the
integration of new development into
the natural , built and historic
environment (NPPF para 61)
Require developers to work closely
with those affected by proposals to
evolve design, and take into account
the views of the community (NPPF
para 66).

seeks to address the issue comprehensively in
order to retain the sense of place (NPPF paras
57, 58 and 60). The latter three policies and
KNDP 5 seek to ensure new development is
integrated into the built, historic and natural
environment (NPPF para 61).
Policy KNDP 13 seeks to retain areas of
greenspace within the Parish (NPPF para 58).
The design policies would also be relevant
should proposals be brought forward for
development in rear gardens.
The levels of development required are not
such that a design code would be appropriate
(NPPF para 59).
Kingsland Parish Council is aware of
Herefordshire Council’s Statement of
Community Involvement and will use this to
ensure those affected are involved in the
design process (NPPF para 66)
Policy KNDP 3 seeks safe and accessible
environments through the promotion of walking
and cycling within new developments (NPPF
para 58).

Consider the need for policies to
resist inappropriate development in
residential gardens (NPPF para 53).

Landscape
Take account of the different roles
and character of different areas,
recognising the intrinsic character
and beauty of the countryside (NPPF
para 17, bullet 5)

Protect and enhance valued
landscapes, geological conservation
interests and soils (NPPF para 109,
bullet 1).
Set criteria based policies against
which proposals for any development
landscape areas will be judged
(NPPF para 113).
Give great weight to conserving
landscape and scenic beauty in
National Parks and Areas of
Outstanding Natural Beauty (NPPF
para 115). Major development needs
to be in the public interest – cannot
be met outside (NPPF para 116).

(Policy SS6 – Extract) Development proposals should conserve
and enhance those environmental assets that contribute towards
the county’s distinctiveness, in particular its settlement pattern,
landscape, and especially those with specific environmental
designations. In addition, proposals should maintain and improve
the effectiveness of those ecosystems essential to the health and
wellbeing of the county’s residents and its economy. Development
proposals should be shaped through an integrated approach to
planning the following environmental components from the outset,
and based upon sufficient information to determine the effect upon
each where they are relevant (among others):
•
landscape, townscape and local distinctiveness, especially
in Areas of Outstanding Natural Beauty;
The management plans and conservation objectives of the county’s
international and nationally important features and areas will be
material to the determination of future development proposals.
Furthermore assessments of local features, areas and sites,
defining local distinctiveness in other development plan documents,
neighbourhood development plans and supplementary planning
documents should inform decisions upon proposals.

Policy KNDP 4 seeks to retain the rural
landscape character of the Parish (NPPF paras
17, 109 and 113). The Parish does not contain
any nationally important landscape
designations (NPPF para 115). Policies KNDP
5 and KNDP 6 also seek to protect the overall
character and appearance of not only
Kingsland Parish but Kingsland village, the
main built form of which is within a
conservation area. These address the issues
covered by HCS policy SS6 and LD1. The
intention is that the policies complement those
in HCS and do not duplicate them in every
instance. It is considered there is no tension
between Kingsland Neighbourhood
Development Plan landscape character
policies and those in HCS.

(Policy LD1 – Extract) Development proposals should:
•
demonstrate that character of the landscape and
townscape has positively influenced the design, scale, nature and
site selection, protection and enhancement of the setting of
Kingsland Neighbourhood Development Plan ‐ Basic Conditions Statement (October 2015)

Page 29

settlements and designated areas;
•
conserve and enhance the natural, historic and scenic
beauty of important landscapes and features, including Areas of
Outstanding Natural Beauty, nationally and locally designated
parks and gardens and conservation areas; through the protection
of the area’s character and by enabling appropriate uses, design
and management;
•
incorporate new landscape schemes and their
management to ensure development integrates appropriately into
its surroundings; and
•
maintain and extend tree cover where important to
amenity, through the retention of important trees, appropriate
replacement of trees lost through development and new planting to
support green infrastructure.

Efficient use of land
Encourage the effect use of land –
reuse previously developed land
where not of high environmental
value (NPPF para 11)

Remediate and mitigate despoiled,
degraded, derelict, contaminated and
unstable land (NPPF para 109, bullet
5)
Allocate land with least
environmental or amenity value,
consistent with other policies (NPPF
para 110).
Take into account economic and
other benefits of best and most

(Policy SS6 – Extract) Development proposals should conserve
and enhance those environmental assets that contribute towards
the county’s distinctiveness. In addition proposals should maintain
and improve the effectiveness of those ecosystems essential to the
health and wellbeing of the county’s residents and its economy.
Development proposals should be shaped through an integrated
approach to planning the following environmental components from
the outset, and based upon sufficient information to determine the
effect upon each where they are relevant (among others):
 agricultural and food productivity;
physical resources, including minerals, soils, management of
waste, the water environment, renewable energy and energy
conservation;
The management plans and conservation objectives of the county’s
international and nationally important features and areas will be
material to the determination of future development proposals.

Policy KNDP 2 sets out, as a strategic issue,
the use of brownfield land and the protection of
good agricultural land. These are general
provisions that apply across the whole of the
Plan area. Accordingly the provisions of the
NPPF, and more specifically HCS policies SS3,
SS6, SS7, SD1 are considered to be covered
appropriately.
Kingsland Neighbourhood Development Plan
makes provision for the required number of
houses in the most efficient way by
concentrating development within the
settlement boundary in relation to Kingsland,
and development boundaries for Shirlheath
and Cobnash. Small extensions to existing
employment sites may also take place but the
requirement does not support major extensions

Furthermore assessments of local features, areas and sites,
defining local distinctiveness in other development plan documents,
neighbourhood development plans and supplementary planning
documents should inform decisions upon proposals.

that would have result in the loss of productive
agricultural land of have an impact on the
environment.

Policy SS7- Extract) Development proposals will be expected to
include measures which will mitigate their impact on climate
change.
At a strategic level, this will include:

supporting affordable, local food production, processing
and farming to reduce the county’s contribution to food
miles*;

protecting the best agricultural land where possible.
Biodiversity
Recognise the wider benefits of
ecosystem services (NPPF para 109,
bullet 2).
Minimise impacts on biodiversity
providing net gains where possible,
especially establishing coherent
ecological networks (NPPF para 109,
bullet 3)
Set criteria based policies against
which proposals for any development
affecting protected geodiversity and
wildlife sites will be judged (NPPF
para 113).
Distinction should be made between
the hierarchy of international,

(Policy SS6 – Extract) Development proposals should conserve
and enhance those environmental assets that contribute towards
the county’s distinctiveness, in particular its biodiversity and
especially those with specific environmental designations. In
addition, proposals should maintain and improve the effectiveness
of those ecosystems essential to the health and wellbeing of the
county’s residents and its economy. Development proposals should
be shaped through an integrated approach to planning the following
environmental components from the outset, and based upon
sufficient information to determine the effect upon each where they
are relevant (among others):
•
biodiversity and geodiversity especially Special Areas of
Conservation and Sites of Special Scientific Interest;
•
the network of green infrastructure;
The management plans and conservation objectives of the
county’s international and nationally important features and

Policy KNDP 4 seeks measures to enhance
the ecological network of the Parish requiring
development to contribute to the network and
to advance measures that support designated
and local sites (NPPF paras 109, 114 and
117). It requires trees, hedgerows and
orchards specifically and natural assets
generally to be retained. These are included as
criteria within the policy (NPPF para 113)
In combination Policies KNDP 4 and KNDP
13 combine to ensure that ecological networks
and green infrastructure within the Parish is
covered in accordance with the NPPF
requirements as well as HCS policies SS6,
SD1, LD2 and LD3. The former covers the
issues within HCS policy LD2 upon which
Kingsland Parish Council is able to make a

Page 31

national and locally designated sites,
so protection is appropriate to their
status and gives appropriate weight
to their importance and contribution
to the wider ecological network
(NPPF para 113)
Set out a strategic approach and plan
positively for the creation, protection,
enhancement and management of
networks of biodiversity and green
infrastructure (NPPF para 114, bullet
1)
Plan for biodiversity at the landscape
scale (NPPF para 117, bullet 1)
Identify and map constraints of the
local ecological networks, including
the hierarchy of international,
national and locally designated sites
of importance for biodiversity, wildlife
corridors and stepping stones that
connect them, and areas identified by
LNP for habitat restoration or
creation (NPPF para 117, bullet 2).
Promote the preservation, restoration
and recreation of priority habitats,
ecological networks and the
protection and recovery of priority
species linked to national and local
targets and identify suitable
indicators for monitoring (NPPF para
117, bullet 3).

areas will be material to the determination of future development
proposals. Furthermore assessments of local features, areas
and sites, defining local distinctiveness in other development
plan documents, neighbourhood development plans and
supplementary planning documents should inform decisions
upon proposals.
(Policy LD2 – Extract) Development proposals should conserve,
restore and enhance the biodiversity and geodiversity assets of
Herefordshire, through the:
1. retention and protection of nature conservation sites and
habitats, and important species in accordance with their status as
follows:
a) Development that is likely to harm sites and species of European
Importance will not be permitted;
b) Development that would be liable to harm Sites of Special
Scientific Interest or nationally protected species will only be
permitted if the conservation status of their habitat or important
physical features can be protected by conditions or other material
considerations are sufficient to outweigh nature conservation
considerations;
c) Development that would be liable to harm the nature
conservation value of a site or species of local nature conservation
interest will only be permitted if the importance of the development
outweighs the local value of the site, habitat or physical feature that
supports important species.
d) Development that will potentially reduce the coherence and
effectiveness of the ecological network of sites will only be
permitted where adequate compensatory measures are brought
forward.

judgement.
There is no Nature Improvement Area within
the Parish (NPPF 17), nor any Special Area of
Conservation (SAC) (NPPF para 119).
However the River Lugg flowing through the
Parish is a Site of Special Scientific Interest
which becomes a SAC to the south of
Leominster and consequently protecting the
ecological status of the River Lugg is
appropriate in accordance with NPPF para
113.
It is considered there is no apparent conflict
between the policies in this plan covering
biodiversity and those in HCS. Policy KNDP 4
indicates that the safeguarding of
Internationally and nationally important sites
will be undertaken through compliance with
HCS Policy LD2 (NPPF para 13).

Page 32

Prevent harm to geological
conservation interests.(NPPF para
117, bullet 4)
Where Nature Improvement Areas
are identified specify the types of
development that may be appropriate
in those areas (NPPF para 117,
bullet 5).
If significant harm cannot be avoided,
adequately mitigated or
compensated for then planning
permission should be refused. (NPPF
para 118, bullet 1).
The presumption in favour of
sustainable development does not
apply where development requiring
appropriate assessment under the
Habitats Directive is being
considered, planned or determined
(NPPF para 119).

2. restoration and enhancement of existing biodiversity and
geodiversity features on site and connectivity to wider ecological
networks; and
3. creation of new biodiversity features and wildlife habitats.
Where appropriate the council will work with developers to agree a
management strategy to ensure the protection of, and prevention of
adverse impacts on, biodiversity and geodiversity features.
.
Policy LD3 – Green infrastructure
Development proposals should protect, manage and plan for the
preservation of existing and delivery of new green infrastructure,
and should achieve the following objectives:
1. identification and retention of existing green infrastructure
corridors and linkages; including the protection of valued
landscapes, trees, hedgerows, woodlands, water courses and
adjoining flood plain;
2. provision of on-site green infrastructure, in particular proposals
will be supported where this enhances the network; and
3. integration with, and connection to, the surrounding green
infrastructure network.

Control of pollution and land
stability
Minimise pollution on the local and
natural environment (NPPF para 10)
Prevent development contributing to,
being put at unacceptable risk from,

(Policy SS6 – Extract) Development proposals should conserve
and enhance those environmental assets that contribute towards
the county’s distinctiveness, especially those with specific
environmental designations. In addition, proposals should maintain
and improve the effectiveness of those ecosystems essential to the

The provisions of HCS policies SS6 and SD1
are considered sufficient for most of the needs
of the Parish in relation to addressing pollution,
contaminated land and land stability which are
issues requiring high levels of professional

Page 33

or being adversely affected by
unacceptable levels of soil, air, water
or noise pollution or land instability
(NPPF para 109, bullet 4)
Remediate and mitigate despoiled,
degraded, derelict, contaminated and
unstable land (NPPF para 109 bullet
5)
Ensure development is appropriate to
the location taking into account the
effects (including cumulative) of
pollution on health, the natural
environment or general amenity, and
the potential sensitivity of the area or
proposed development to adverse
effects of pollution (NPPF para 120).
Developers should secure the safe
development of sites affected by
contaminated land or land stability
issues (NPPF para 120).
Ensure any site for a new use takes
account of ground conditions and
land instability including mining,
pollution arising from previous uses,
and any mitigation impacts on
remediation or impacts on the natural
environment arising from remediation
(NPPF para 121, bullet 1).
The development itself should be an
acceptable use of land, and the
impacts of use, rather than the

health and wellbeing of the county’s residents and its economy.
Development proposals should be shaped through an integrated
approach to planning the following environmental components from
the outset, and based upon sufficient information to determine the
effect upon each where they are relevant (among others):
•
local amenity, including light pollution, air quality and
tranquillity;
The management plans and conservation objectives of the county’s
international and nationally important features and areas will be
material to the determination of future development proposals.
Furthermore assessments of local features, areas and sites,
defining local distinctiveness in other development plan documents,
neighbourhood development plans and supplementary planning
documents should inform decisions upon proposals.
(Policy SD1 – Extract) Development proposals should create
safe, sustainable, well integrated environments for all members of
the community. In conjunction with this, all development proposals
should incorporate the following requirements (among others):
•
safeguard residential amenity for existing and proposed
residents;
•
ensure new development does not contribute to, or suffer
from, adverse impacts arising from noise, light or air contamination,
land instability or cause ground water pollution;
•
where contaminated land is present, undertake appropriate
remediation where it can be demonstrated that this will be effective;

advice not available to the Parish Council.
Furthermore, with the exception of a general
provision to protect amenity, reference to
minimising external lighting in Policy KNDP 3,
and one further exception set out in Policy
KNDP 18 relating to pollution arising from
agricultural uses, no specific policy to cover the
control of pollution and land stability is
advanced. Accordingly, the provisions of HCS
policies SS6 and SD1 are considered sufficient
for the needs of the Parish. This is also the
case in relation to mitigation or compensation
for any loss (NPPF para 118)

Page 34

control processes or emissions
themselves which are subject to
approval under pollution control
regimes (NPPF para 122).
Avoid noise giving rise to significant
adverse impacts on health and
quality of life (NPPF para 123, bullet
1)
Mitigate and reduce to a minimum
other adverse impacts on health and
quality of life arising from noise from
new development, including through
use of conditions (NPPF para 123,
bullet 2).
Not have unreasonable restrictions to
continuance of business (NPPF para
123, bullet 3).
Identify and protect areas of
tranquillity (NPPF para 123, bullet 4).
Comply with EU limit values or
national objectives for pollutants,
taking into account Air Quality
Management Areas (NPPF para
124).

Limit impact of light pollution from
artificial light on local amenity,
intrinsically dark landscapes and
nature conservation through good
design (NPPF para 125).

Conserving and enhancing the
historic environment
Set out a positive strategy for the
conservation and enjoyment of the
historic environment (NPPF para
126).
Are there any heritage assets most at
risk through neglect, decay or other
threats that can be addressed
through enabling development
(NPPF para 126)?
Take account of the desirability of
sustaining and enhancing the
significance of heritage assets
(NPPF para 126, bullet 1)
Tale account of the wider social;
cultural, economic and environmental
benefits that conservation of the
historic environment can bring (NPPF
para 126, bullet 2)
Take account of the desirability of
new development making appositive
contribution to local character and
distinctiveness (NPPF para 126,
bullet 3)

Developers should describe the
significance of any heritage asset
and its setting affected by proposals

(Policy SS6 – Extract) Development proposals should conserve
and enhance those environmental assets that contribute towards
the county’s distinctiveness, in particular its settlement pattern,
historic assets and especially those with specific environmental
designations. In addition, proposals should maintain and improve
the effectiveness of those ecosystems essential to the health and
wellbeing of the county’s residents and its economy. Development
proposals should be shaped through an integrated approach to
planning the following environmental components from the outset,
and based upon sufficient information to determine the effect upon
each where they are relevant (among others):
•
landscape, townscape and local distinctiveness especially
Special Areas of Conservation and Sites of Special Scientific
Interest,
•
historic environment and heritage assets especially
Scheduled Monuments and Listed Buildings;
•
the network of green infrastructure;
The management plans and conservation objectives of the county’s
international and nationally important features and areas will be
material to the determination of future development proposals.
Furthermore assessments of local features, areas and sites,
defining local distinctiveness in other development plan documents,
neighbourhood development plans and supplementary planning
documents should inform decisions upon proposals.
(Policy LD4 – Extract) Development proposals affecting heritage
assets and the wider historic environment should:
1. preserve or where possible enhance heritage assets and their
settings in a manner appropriate to their significance through

Policy KNDP 5 protects the Parish’s heritage
as a whole, covering its historic landscape
character; its important buildings,
archaeological sites and other heritage assets;
This overall strategy meets the provisions of
NPPF para 126 in particular. This policy
includes those heritage assets of local
importance (NPPF para 135).
Policy KNDP 5 also covers works to traditional
rural buildings which should take into account
those buildings identified in the Herefordshire
Farmstead Characterisation Project and
reference should be made to the objectives set
out by Historic England for these buildings
when considering their development. This
would help in assessing significance in
accordance with NPPF paras 28 and 29.
HCS policies SS6 and LD4 which set out
provisions that reflect important criteria such as
significance (NPPF paras 128 and 129), and
the assessment of importance (NPPF para
131), among other matters. Policy KNDP 5
complements these and adds an objective that
protecting the Parish’s historic character and
local distinctiveness should also be taken into
account (NPPF para 58), clearly suggesting
that heritage is of the utmost importance
Policy KNDP 6 addresses Kingsland
Conservation Area specifically and sets out
requirements that will enable development to
conserve or enhance the area, in particular

Page 36

and LPAs should also identify and
assess significance, taking this into
account when considering the impact
of proposals on heritage assets
(NPPF paras 128 and 129).
Ensure policies for development
affecting historic assets and their
settings are properly assessed,
including considering uses consistent
with their conservation, their
contribution to the community, their
economic viability, and contribution to
local character and distinctiveness
(NPPF para 131).
Harm or loss should require clear
and convincing justification.
Substantial harm or loss of a
designated heritage asset should be
exceptional and wholly exceptional
for assets of higher weight (NPPF
paras 132 and 133).

appropriate management, uses and sympathetic design, in
particular emphasising the original form and function where
possible;
2. the conservation and enhancement of heritage assets and their
settings through appropriate management, uses and sympathetic
design. where opportunities exist, contribute to the character and
local distinctiveness of the townscape or wider environment,
especially within conservation areas;
3. use the retention, repair and sustainable use of heritage assets
to provide a focus for wider regeneration schemes;
4. record and advance the understanding of the significance of any
heritage assets to be lost (wholly or in part) and to make this
evidence or archive generated publicly accessible and
5. where appropriate, improve the understanding of and public
access to the heritage asset.

protecting those elements that contribute
positively to its character and appearance,
(NPPF para 137). This complies especially with
HCS policy SS6.
None of these or other policies elsewhere in
this NP are considered inconsistent with
Government of HCS provisions relating to
protecting and enhancing the environment and
sustainable use of land.

The scope of the works required to protect, conserve and enhance
heritage assets and their settings should be proportionate to their
significance. Development schemes should emphasise the original
form and function of any asset and, where appropriate, improve the
understanding of and public access to them.

Less than substantial harm should be
weighed against public benefit
(NPPF para 134)
The effect of development on the
significance of locally important
assets should be balanced against
the scale of the harm (NPPF para
135).
Look for opportunities for new
development within conservation
Kingsland Neighbourhood Development Plan ‐ Basic Conditions Statement (October 2015)

Page 37

areas or within the setting of a
heritage asset to enhance or better
reveal their significance (NPPF para
137)
Non designated heritage assets of
archaeological interest that are
demonstrably equivalent to a
scheduled monument should be
considered subject to policies for
designated heritage assets.(NPPF
para 139)
Make information about the
significance of the historic
environment gathered as part of the
plan making process publicly
assessable (NPPF para 141).
Developers should record and
advance understanding of the
significance of any heritage assets to
be lost in a manner proportionate to
their importance and the impact,
making evidence publicly accessible
(NPPF para 141)
Waste Planning
Local authorities should have regard
to policies in National Waste
Management Plan and other policies
in the NPPF so far as they may be
relevant (NPPF para 5).

(Policy SS6 – Extract) Development proposals should conserve
and enhance those environmental assets that contribute towards
the county’s distinctiveness, especially those with specific
environmental designations. In addition, proposals should maintain
and improve the effectiveness of those ecosystems essential to the
health and wellbeing of the county’s residents and its economy.
Development proposals should be shaped through an integrated
approach to planning the following environmental components from

No specific strategic proposals for dealing with
waste are included in HCS and no local issues
have been identified to be included in
Kingsland NDP. The matter needs to be
addressed upon a strategic basis and in an
integrated way and it is accepted that the
Natural Resources/Minerals and Waste Local
Plan will be the most appropriate plan to cover

Page 38

the outset, and based upon sufficient information to determine the
effect upon each where they are relevant (among others):
•

physical resources, including management of waste.

The management plans and conservation objectives of the county’s
international and nationally important features and areas will be
material to the determination of future development proposals.
Furthermore assessments of local features, areas and sites,
defining local distinctiveness in other development plan documents,
neighbourhood development plans and supplementary planning
documents where undertaken to define local distinctiveness, should
inform decisions upon proposals.

this issue.
However Policy KNDP 3 (1) requires
development proposals to make provision for
recycling storage and this is considered a
measure that would support the significant
emphasis that is likely to be promoted through
any Minerals and Waste Local Plan. In addition
Policy KNDP 3 (4) requires developers to
consider how they might minimise construction
waste as part of its overall approach.

(Policy SS7- Extract) Development proposals will be expected
to include measures which will mitigate their impact on climate
change.
Key considerations in terms of responses to climate change include
(among others):
•
reduction, re-use and recycling of waste with particular
emphasis on waste minimisation on development sites;
Policy SD1 – Sustainable design and energy efficiency
Development proposals should include high quality sustainable
design that also creates a safe, accessible, well integrated
environment for all members of the community. In conjunction
with this, all development proposals should incorporate the
following requirements (among others):
•
utilise physical sustainability measures that include, in
particular, orientation of buildings, the provision of water
Kingsland Neighbourhood Development Plan ‐ Basic Conditions Statement (October 2015)

Page 39

conservation measures, storage for bicycles and waste including
provision for recycling, and enabling renewable energy and energy
conservation infrastructure;

At a strategic level, this will include:
•
focussing development to the most sustainable locations;
•
designing developments to reduce carbon emissions and
use resources more efficiently;
•
promoting the use of decentralised and renewable or low
carbon energy where appropriate;

Key considerations in terms of responses to climate change
include:
•
taking into account the known physical and environmental
constraints when identifying locations for development;
•
ensuring design approaches are resilient to climate change
impacts, including the use of passive solar design for heating and
cooling and tree planting for shading;
•
minimising the risk of flooding and making use of
sustainable drainage methods;
•

The location of development meets the
requirements of HCS policies RA1 and RA2
which it is assumed have been assessed
against NPPF para 95, bullet 1 and HCS policy
SS7.
Kingsland Neighbourhood Development Plan
has accepted that the community should take a
positive role in promoting renewable or low
carbon energy generation as required by the
NPPF. However it also recognises that the
forms of such energy it might accommodate
are limited because of its particular topography,
resources, supporting infrastructure and
landscape character. The practicality and
viability of using the River Lugg that flows
through the parish for low head energy
generation is uncertain. Other forms may be
possible and the scale of the Parish suggests
that the scale would need to be small. An
appropriate criteria based policy, including
provision that would contribute to a communitywide resource, is put forward (NPPF para 97).
Policy KNDP10 is such a criteria based policy
that complements HCS policy SD2, containing

Page 40

development to draw its energy
supply from decentralised renewable
or low carbon energy supply systems
and for co-locating potential heat
customers and suppliers (NPPF para
97, bullet 5).
Ministerial Statement, 18 June 2015
requires that proposals for wind energy
development, local planning authorities
should only grant planning permission
if the development is in an area
identified as suitable for wind energy
development in a Local or
Neighbourhood Plan; and it can be
demonstrated that the planning
impacts identified by affected local
communities have been fully
addressed and the proposal has their
backing.

Take account of climate change on
water supply and changes to
biodiversity and landscape, or
manage risk through suitable
adaptation measures (NPPF para
99).
Development should avoid increased
vulnerability arising from climate
change in terms of flood risk,
including through suitable adaptive
measures such as green
infrastructure where necessary
(NPPF para 99).

provision of open space and water, planting and green roofs);
•
developments must demonstrate water efficiency
measures to reduce demand on water resources.
(Policy SS6 – Extract) Development proposals should be shaped
through an integrated approach to planning the following
environmental components from the outset, and based upon
sufficient information to determine the effect upon each where they
are relevant (among others):
•
physical resources, including minerals, soils, management
of waste the water environment, renewable energy and energy
conservation.
The management plans and conservation objectives of the county’s
international and nationally important features and areas will be
material to the determination of future development proposals.
Furthermore assessments of local features, areas and sites,
defining local distinctiveness in other development plan documents,
neighbourhood development plans and supplementary planning
documents should inform decisions upon proposals.

(Policy SD2 – Extract) Development proposals that seek to deliver
renewable and low carbon energy targets will be supported where
they meet the following criteria:
1. the proposal does not adversely impact upon international or
national designated natural and heritage assets;
2. the proposal does not adversely affect residential amenity;
3. the proposal does not result in any significant detrimental
impact upon the character of the landscape and the built or
historic environment; and

similar but expanded environmental criteria as
well as matters to cover highway impact,
pollution, scale and cumulative effect concerns.
The criteria within the policy will ensure that the
effect of any proposal upon relevant
environmental assets will be fully and properly
considered.
Policy KNDP10 together with Policy KNDP3
provides an integrated approach to support
carbon reduction measures, including those
relating to sustainable design, promoting these
as elements within an integrated approach that
needs to be pursued for individual buildings,
site based matters and those off-site measures
that should be considered. The combination
support and expand upon the provisions of
HCS polices SS7 and SD1 as well as NPPF
para 95.
Kingsland Neighbourhood Development Plan
area possesses land falling within Flood Zone
2. However no land is proposed for
development within this zone in the
Neighbourhood Development Plan. No specific
flood relief proposals have been identified
within the parish (NPPF para 100, bullet 3).
Policy KNDP 3 requires developers to take a
co-ordinated approach to sustainable design
incorporating a number of site-based features
including the provision of a sustainable
drainage system (including provision for this to
serve other properties in the vicinity) and use of
permeable surfaces (HCS policy SD3).

Page 41

Use the sequential and exception
tests (NPPF para 100)
Safeguard land needed for current
and future flood management (NPPF
para 100, bullet 3)
Use development opportunities to
reduce causes and impacts of
flooding (NPPF para 100, bullet 4)

4. the proposal can be connected efficiently to existing national
grid infrastructure unless it can be demonstrated that energy
generation would be used on-site to meet the needs of a
specific end user.
In the case of energy generation through wind power
developments, permission will only be granted for such
proposals where:
• the proposed site is identified in a Neighbourhood Plan or other
Development Plan Document as a suitable site for wind energy
generation; and
• following consultation with local residents, it can be
demonstrated that the planning impacts identified can be fully
addressed, and therefore the proposal has the backing of the
local community.

(Policy SD3 – Extract) Measures for sustainable water
management will be required to be an integral element of new
development in order to reduce flood risk; to avoid an adverse
impact on water quantity; to protect and enhance groundwater
resources and to provide opportunities to enhance biodiversity,
health and recreation. This will be achieved by ensuring that:
1. development proposals are located in accordance with the
Sequential Test and Exception Tests (where appropriate) and
have regard to the Strategic Flood Risk Assessment (SFRA)
2009 for Herefordshire;
2. development is designed to be safe taking into account the
lifetime of the development, and the need to adapt to climate
change by setting appropriate floor levels, providing safe
pedestrian and vehicular access, where appropriate,
implementing a flood evacuation management plan and
Kingsland Neighbourhood Development Plan ‐ Basic Conditions Statement (October 2015)

Policy KNDP 7 takes a positive approach to
addressing flood risk by firstly promoting
environmentally sensitive measures to reduce
flooding, including promoting the use of
sustainable drainage systems . The policy
requires developers to address the issue where
this is necessary (HCS policy SD3, point 3). It
also indicates that proposals that would
increase flood risk elsewhere will not be
permitted (NPPF para 100, bullet 4).
This policy addresses the flood risk sequential
and exception tests by requiring detailed site
specific flood risk assessments where the issue
arises (NPPF para 100; HCS policy SD3, point
1). There is a requirement for such
assessments to take into account the
consequences of flood risk upon any site that
might result from climate change (NPPF para
99; HCS policy SD3, point 2).
Policy KNDP 7 requires sustainable drainage
systems to be used to address surface water
drainage problems where this is practicable
and that this should include measures to
support biodiversity (NPPF para 99; HCS
policy SD3, point 5).
This policy does not restrict other HCS
provisions, in particular those in policy SD3,
related to surface water and local water
courses which is supported.
None of these or other policies elsewhere in
this NP are considered inconsistent with
Government or HCS approach to mitigating the

Page 42

avoiding areas identified as being subject to Rapid Inundation
from a breach of a Flood Defence;

effects of or adapting to climate change.

3. where flooding is identified as an issue, new development should
reduce flood risk through the inclusion of flood storage
compensation measures, or provide similar betterment to
enhance the local flood risk regime;
4. development will not result in the loss of open watercourse, and
culverts should be opened up where possible to improve
drainage and flood flows. Proposals involving the creation of
new culverts (unless essential to the provision of access) will
not be permitted;
5. development includes appropriate sustainable drainage systems
(SuDS) to manage surface water appropriate to the
hydrological setting of the site. Development should not result
in an increase in runoff and should aim to achieve a reduction
in the existing runoff rate and volumes, where possible;
6. water conservation and efficiency measures are included in all
new developments, specifically:
• residential development should achieve Housing - Optional
Technical Standards - Water efficiency standards At the time
of adoption the published water efficiency standards were
110 litres/person/day ; or
• non-residential developments in excess of 1,000 sq. m. gross
floorspace to achieve the equivalent of BREEAM 3 credits for
water consumption as a minimum;
Development proposals should help to conserve and enhance
watercourses and riverside habitats, where necessary through
management and mitigation measures for the improvement and/or
enhancement of water quality and habitat of the aquatic
environment. Proposals which are specifically aimed at the
sustainable management of the water environment will in
particular be encouraged, including where they are required to
Kingsland Neighbourhood Development Plan ‐ Basic Conditions Statement (October 2015)

Page 43

support business needs such as for agriculture. Innovative
measures such as water harvesting, winter water storage and
active land use management will also be supported. In all
instances it should be demonstrated that there will be no
significant adverse landscape, biodiversity or visual impact.

Facilitating the sustainable use of
minerals
Avoid needlessly sterilising specific
mineral resources of local and
national importance by allowing nonmineral development.

A Minerals and Waste Local Plan is to be prepared by
Herefordshire Council and this will not be a matter for
neighbourhood plans.
There is one primary consideration that neighbourhood plans
should consider, however, and this is expressed in Saved
Herefordshire Unitary Plan Policy M5 relating to safeguarding
mineral reserves:

Mineral issues are not appropriate to a
neighbourhood plan. However no proposals
are advanced in this plan that might affect any
currently defined area where mineral reserves
are to be safeguarded.

M5 Safeguarding mineral reserves
Proposals which could sterilise potential future mineral workings
will be resisted in order to safeguard identified mineral resources.
Where such development is proposed, the applicant may be
required:
1. to undertake a geological assessment of the site; and/or
2. to protect the minerals in question; and/or
3. to extract all or part of the mineral reserves as part of or before
the other development is permitted.
In such cases mineral extraction will only be required when the
need for the other development significantly outweighs the harm
which extraction might cause to other matters of acknowledged
importance.

Kingsland Neighbourhood Development Plan Provisions
The SEA for Kingsland Neighbourhood Development Plan indicates that no significant effects will result
and that it is in general conformity with both national planning policy contained in the National
Planning Policy Framework and strategic policies set within the Herefordshire Local Plan (Core
Strategy). Nor does it propose any growth that would be over and above that prescribed by strategic
Policies. Therefore no changes to the NDP are recommended as a result of the SEA.
The SEA for Kingsland NDP (October 2015) indicates that
i)
The majority of those NDP objectives which have a relationship with the SEA framework
are positively compatible with it or have a neutral effect (SEA para 4.3);
ii)
Overall all of the options had mainly a positive effect on the SEA objectives and baseline, if
the policies that are developed incorporated the elements of the options that are ensuring
mitigation of new development and additional details are provided for the location and
design of any proposed site then the assessment of the policies should result in a positive
result. As these options were generally moving towards the SEA objectives any further
alternatives would probably be moving away and therefore no further options are required
to be assessed (SEA para 5.6);
iii)
Assessment of the cumulative effects of the Plan’s policies highlighted that the policies
contained in the Kingsland Plan are not over and above the Core Strategy, therefore the
cumulative effect will not exceed that of the Core Strategy Policies which have also been
subject to a full Sustainability Appraisal (SEA para 6.5 )
iv)
The mitigation areas is mostly within design and conservation polices this may help
balance out development as well as the policies to help protect and enhance the local
character of the area and green infrastructure. These policies will also help conserve and
enhance biodiversity within the parish. This should help to provide mitigation against the
potential adverse impacts from new development (SEA para 6.6).

Habitats Directive

Screening of the Plan concludes that the Kingsland NDP will not have a likely significant effect on
the River Wye SAC nor Downton Gorge SAC.
The Habitats Regulation Assessment of Kingsland NDP, (October 2015) indicates that It is unlikely that
the Kingsland Neighbourhood Plan will have any in-combination effects with any Plans from
neighbouring parish councils due to the level of growth proposed is of the same that is proposed for the

The policies within the Plan are considered to comply with the requirements of the EU obligations in
relation to human rights.

Water Framework Directive

The Environment Agency has not indicated that any proposals within this plan would conflict with
measures and provisions it is advocating to meet its obligations under this Directive as set out in the
Severn River Basin Management Plan.